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Home My WebLink AboutPZAB (15990) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-24-033 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 15990 Date Rendered: 6/03/2024 AN RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD RECOMMENDING TO THE MIAMI CITY COMMISSION APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") SPECIFICALLY BY AMENDING ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS," OF THE MIAMI 21 CODE TO EXTEND THE SUNSET PROVISION FOR ONE (1) ADDITIONAL YEAR TO ALLOW EDUCATIONAL USES BY RIGHT IN T6 TRANSECT ZONE IN CERTAIN CIRCUMSTANCES PURSUANT TO ORDINANCE NO. 23-14188; FURTHER RECOMMENDING TO THE CITY COMMISSION DIRECTION TO THE CITY MANAGER TO PLACE A DISCUSSION ITEM ON A CITY COMMISSION AGENDA FOR THE CITY COMMISSION TO REVIEW THE ORDINANCE NINE (9) MONTHS AFTER ADOPTION; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted by the Miami City Commission as the City of Miami's ("City") Zoning Ordinance, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, on June 22, 2023, the City Commission adopted Ordinance No. 23-14188 to allow Educational Uses By Right in "T6" Urban Core Transect Zone in certain circumstances with an effective date ten (10) days after adoption thereof; and WHEREAS, Ordinance No. 23-14188 further provided for a one-year sunset provision, specifically July 3, 2024, and directed the City Manager to place a discussion item on a City Commission agenda to review the ordinance nine (9) months after adoption; and WHEREAS, the City Commission may create legislative pilot programs within the City for a limited period of time not to exceed one (1) year, which may be reinstated for one (1) additional year upon approval by the City Commission; and WHEREAS, on April 26, 2024, the City Commission discussed the sunset provision of Ordinance No. 23-14188; and WHEREAS, the City Commission found that it is in the best interest of the City and its residents to consider an extension of the sunset provision of Ordinance No. 23-14188 for an additional one (1) year; and WHEREAS, it is desired to review the program in nine (9) months to observe its effects and further consider whether it should be extended to a permanent program; and Date Rendered: 6/03/2024 City of Miami Page 1 of 4 File ID: 15990 (Revision:) Printed On: 6/3/2024 WHEREAS, the downtown core of the City is growing at a rapid rate, and schools are needed in the area; and WHEREAS, the extension of this program for an additional one (1) year is supported by the Miami Comprehensive Neighborhood Plan ("MCNP") objectives and policies, including Objective EDU-1.3, Policy EDU-1.3.1, Objective EDU-1.5, and Policy EDU-1.7.2; and WHEREAS, Objective EDU-1.3 of the MCNP establishes an objective to "obtain suitable sites for the development and expansion of public education facilities" and WHEREAS, Policy EDU-1.3.1 of the MCNP provides that "[i]n the selection of sites for future educational facility development, the City encourages the Miami -Dade County Public Schools to consider whether a school is in close proximity to residential areas and is in a location that would provide a logical focal point for community activities"; and WHEREAS, Objective EDU-1.5 of the MCNP establishes an objective to "[c]ontinue to develop programs and opportunities to bring the schools and community closer together"; and WHEREAS, Policy EDU-1.7.2 of the MCNP provides that "[t]he location of future educational facilities should occur where capacity of other public facilities and services is available to accommodate the infrastructure needs of the educational facility"; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered whether the proposed amendment will further the goals, objectives, and policies of the MCNP, the Miami 21 Code, and other City regulations; and WHEREAS, the PZAB has considered the need and justification for the proposed amendment to the Miami 21 Code, including changed or changing conditions that make the passage of the proposed amendment to the Miami 21 Code necessary; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. It is recommended that the Miami 21 Code is further amended by amending Article 6 in the following particulars.' "ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.3.7 Educational Uses in the Downtown Miami Area The purpose and intent of these regulations are to permit all Educational Uses within the T6 Transect Zone in the Downtown Miami Area By Right in order to encourage educational facility 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 4 File ID: 15990 (Revision:) Printed On: 6/3/2024 opportunities in close proximity to the City's core. Educational Uses within the T6 Transect Zone shall be allowed By Right in the Downtown Miami Area if it meets the below criteria. This Section will sunset on July 3, 202/1 2025 if not otherwise extended. a. Boundary. Downtown Miami Area is defined as all T6 Transect Zone properties that lie within the boundaries of west of Biscayne Bay, south of Northeast 24th Street, east of Biscayne Boulevard until 395, then east of 95 until West Flagler Street, then east of the Miami River; or south of the Miami River, east of 95 to the Metromover line, Northwest of the Metromover line to Southeast 15th Road then north of Southeast 15th Road with Biscayne Bay to the east, except for the properties fronting Brickell Bay Drive; or located at 888 MacArthur Causeway; included in the boundary are properties located on Brickell Key; specifically excluding all T6 Transect Zone properties within a 500-foot walking distance as measured by a surveyor from edge of the property to the closest T3 Transect Zone property. b. Permitting and Criteria. All new Educational Uses shall submit to the Planning Department for review and confirmation of compliance with the following standards and criteria. (1) Total size of the site and Floor Area of the proposed Educational Use; and (2) Maximum number of students; and (3) Number of teachers and administrative and clerical personnel; and (4) Number of classrooms and total square footage of classroom space; and (5) Total square footage of non -classroom space; and (6) Amount of exterior recreational/play area in square footage; and (7) Number and type of vehicles that will be used in conjunction with the operation of the facility; and (8) Number of parking spaces provided for staff, visitors, and transportation vehicles, and justification that those spaces are sufficient for this facility; and (9) Grades or age groups that will be served; and (10) Days and hours of operations; and (11) Means of compliance with requirements of Miami -Dade County regulations, and any state and federal guidelines and regulations applicable to the specific application; and (12) Compliance with Chapter 62 City of Miami Traffic regulations; and (13) Compliance with all other provisions for Educational Uses in Miami 21 regarding the design, outdoor space, and other features as may be required. *„ Section 3. It is recommended that the City Manager is directed to place a discussion item on a City Commission agenda nine (9) months after adoption to review this Ordinance to consider extension of the program. Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution should not be affected. Section 5. It is the intention that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or relettered and that the word "Resolution" may be changed to "Section", "Article", or other appropriate word to accomplish such intention. City of Miami Page 3 of 4 File ID: 15990 (Revision:) Printed On: 6/3/2024 Section 6. This Resolution shall become effective immediately upon adoption thereof. Reviewed and Approved: David Snow City of Miami Page 4 of 4 File ID: 15990 (Revision:) Printed On: 6/3/2024